Legal Alert: Section 108 & the Phthalate Limits Are Retroactive


"The phthalate provisions unambiguously apply to existing inventory, and the Commission's opinion to the contrary must be set aside." The United States District Court for the Southern District of New York unequivocally reversed the Commission's opinion regarding the non-retroactive application of the phthalate ban today, February 5, 2009. As of February 10, 2009, all non-compliant phthalate inventory needs to be off store shelves, cannot be sold or exported and must be destroyed.

Please click on the attached Alert for full details.

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